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Constitution of the OOA

CONSTITUTION OF THE OHIO OPTOMETRIC ASSOCIATION

ARTICLE I
Name
This Association shall be known as the "Ohio Optometric Association."

ARTICLE II
Mission Statement
The mission of the Ohio Optometric Association is to promote high quality optometric care for the residents of Ohio, preserve and advance the profession of optometry, serve as an advocate for our patients and members, and serve as the principal resource for public health information regarding the eyes and vision.

ARTICLE III
Organization
Section 1.    Affiliated Societies
Affiliated societies shall be those local optometric zones which are, or may hereafter be, recognized by this Association as constituents of and affiliated with the Ohio Optometric Association.

Section 2.   Membership
The membership of this Association shall consist of licensed optometrists and other persons whose classifications, qualifications, privileges and obligations shall be as established by the bylaws of this Association.

ARTICLE IV
Government
Section 1.   Annual Congress
The legislative and policy-making body of this Association shall be the membership present at the annual congress, which shall be established and function as provided in the bylaws.

Section 2.   Board of Directors
The administrative body of this Association shall be the Board of Directors, which shall implement the policies established by the membership present at the annual congress and perform such duties as are prescribed in the bylaws.

Section 3.   Officers
The officers of this Association shall be an Immediate Past President, a President, President-Elect and Secretary-Treasurer. The President shall become the Immediate Past President without election at the close of his/her term. The President-Elect shall become the President without election at the close of his/her term. The President-Elect and Secretary-Treasurer shall be elected at the annual congress. Their duties of office shall be provided in the bylaws.

ARTICLE V
Fiscal Issues
Section 1.   Fiscal Year
The fiscal year of the Association shall be set by the Board of Directors in accordance with general accounting principles.

Section 2.   Annual Treasurer's Report
A report shall be made by the treasurer to the members at the annual congress on the financial status of the association.

ARTICLE VI
Amendments
The Constitution may be amended by the affirmative vote of 3/4 of the members present and voting at the annual congress or at any special meeting of the Association, provided that the proposed amendment has previously been recommended by the governing body of an affiliated zone, or by the Board of Directors of this Association, and that three copies of the proposed amendment have been received by the Secretary-Treasurer of the Association not less than 75 days before the commencement of the annual congress or special meeting which is to consider and act on the proposed amendment. Not less than 60 days prior to said annual congress or special meeting the members of the Association shall receive written notice containing the purpose of the proposed amendment.

ARTICLE VII
Effective Date
This Constitution shall take effect immediately upon its adoption by the Association.

Automatic Review
The President shall appoint a committee to review this Constitution in 2005 and every five years thereafter.

BYLAWS OF THE OHIO OPTOMETRIC ASSOCIATION

ARTICLE I
Zones and Zone Officers
Section 1.   Composition
For the purposes of organization, the State shall be divided geographically into twelve (12) zones as follows:
Zone 1:  comprising all of counties Ashland, Crawford, Erie, Huron, Ottawa, Richland, Sandusky, Seneca and Wyandot.
Zone 2:  comprising all of counties Cuyahoga, Geauga, Lake and Lorain.
Zone 3:  comprising all of counties Medina, Portage, Stark, Summit and Wayne.
Zone 4:  comprising all of counties Ashtabula, Columbiana, Jefferson, Mahoning and Trumbull.
Zone 5:  comprising all of counties Belmont, Carroll, Coshocton, Guernsey, Harrison, Holmes, Muskingum, and Tuscarawas.
Zone 6:  comprising all of counties Athens, Hocking, Meigs, Monroe, Morgan, Noble and Washington.
Zone 7:  comprising all of counties Gallia, Jackson, Lawrence, Pike, Scioto and Vinton.
Zone 8:  comprising all of counties Adams, Brown, Clermont, Hamilton and Highland.
Zone 9:  comprising all of counties Butler, Champaign, Clark, Clinton, Darke, Greene, Miami, Montgomery, Preble, Shelby and Warren.
Zone 10:  comprising all of counties Allen, Auglaize, Hancock, Hardin, Logan, Mercer, Paulding, Putnam and Van Wert.
Zone 11:  comprising all of counties Defiance, Fulton, Henry, Lucas, Williams and Wood.
Zone 12:  comprising all of counties Delaware, Fairfield, Fayette, Franklin, Knox, Licking, Madison, Marion, Morrow, Perry, Pickaway, Ross and Union.
The zone boundaries may be changed from time to time by the Board of Directors with the consent of the Zone Governors of the Zone affected thereby.

Section 2.   Officers and Duties
A.  At least thirty days, but not more than sixty days, before the Ohio Optometric Association's annual congress, each zone shall elect a governor, a lieutenant governor, a secretary and a treasurer, and such other officers as it may deem advisable, and shall immediately certify the results of such election to the Chief Executive Officer of this Association. If any zone has failed to hold and certify such election as above provided fifteen days prior to the annual congress, it shall be the duty of the Board of Directors of this Association to appoint such officers, who shall be members of the zone for which they are appointed. Such elected and appointed officers shall take office at the time and place of the next ensuing Ohio Optometric Association annual congress.
B.  The zone governors shall be the executive officers of their respective zones and shall be charged with the duty of executing in their respective zones, all policies, projects, activities and other orders duly approved by this Association.

Section 3.   Expenses
All expenses incurred by the zone governors in the discharge of their official duties shall be paid by their respective zones.

Section 4.   Zone Membership
Zone membership shall be comprised only of members in good standing of the Ohio Optometric Association.

Section 5.   Member Zone Affiliation
If a member works or resides in more than one zone, that member shall have the right to affiliate with the zone of his/her choice. If that member wishes to affiliate with more than one zone, that member is responsible to pay the zone dues of all zones of affiliation.

ARTICLE II
Membership
Section 1.   Classification and Qualifications
A.  Active Members. Any optometrist residing or practicing in the State of Ohio who holds a certificate of licensure from the Ohio State Board of Optometry, and who agrees to practice consistent with the Statement of Ethics of the Ohio Optometric Association, is qualified to apply for active membership and may become an active member of the Association upon a majority vote of the Board of Directors. Active members may vote, hold office and are extended the privilege of debate.
B.  Optometric Educator Members. Any optometrist, residing in Ohio, who is a full-time optometric educator and who holds a certificate of licensure from any state of the United States, province of Canada, or the District of Columbia, and who agrees to practice consistent with the Statement of Ethics of the Ohio Optometric Association, is qualified to apply for optometric educator membership and may become an optometric educator member of the Association upon a majority vote of the Board of Directors. Optometric educator members may vote, hold office and are extended the privilege of debate.
C.  Student Members. Any student regularly enrolled in any accredited school or college of optometry; or any optometrist who holds a certificate of licensure from the Ohio State Board of Optometry and who is enrolled in a full-time optometric residency or optometric fellowship; or any optometrist who holds a certificate of licensure from any state of the United States, province of Canada, or the District of Columbia, and who is pursuing post-doctoral studies leading toward an advanced degree in vision science; is eligible for student membership and may become a Student Member of the Association upon a majority vote of the Board of Directors. Student Members are extended the privilege of debate but cannot vote individually or hold office and shall have no right, title, or interest in any of the property of the Association. Student members' voting rights will aggregately consist of a maximum of four (4) votes, as determined by a vote of the duly elected student delegates representing the at-large student membership in attendance at the Association's annual congress and consistent with all applicable association constitutional and bylaw requirements. Student member voting privileges are summarized in the following table:

D.  Honorary Members. On recommendation of a majority of the members of the Board of Directors, the Association may, at any annual congress, by a three-fourths (3/4) vote of the active members present and voting, confer honorary membership upon any person who has rendered outstanding and meritorious service to the cause of optometry. Honorary Members are extended the privilege of debate but cannot hold office or vote, and shall have no right, title or interest in any of the property of the Association.
E.  Life Members. On recommendation of the Zone Association and a majority vote of the members of the Board of Directors of the Association, a life membership may be conferred upon any member who is a member in good standing at the time of the recommendation. Life Members shall have the right to vote and are extended the privilege of debate but cannot hold office and shall have no right, title or interest in any property of the Association.
F.  Retired Members. Any optometrist who has been an active or optometric educator member and is no longer engaged in compensated, optometrically-related activities, whose status is certified annually by an affiliated zone, and has not been approved for life membership in the Association, may become a Retired Member upon a majority vote of the Board of Directors. Retired Members may vote and are extended the privilege of debate but cannot hold office and shall have no right, title, or interest in any of the property of the Association.
G.  Associate Members. Any individual, optometrist or non-optometrist, who is not eligible for one of the membership categories described above, and who wishes to join the Ohio Optometric Association in its mission, may apply for associate membership, and become an Associate Member upon a two-thirds vote of the Board of Directors. Associate Members are extended the privilege of debate, but cannot vote or hold office and shall have no right, title or interest in any of the property of the Association.
H.  Partial Practice Members. Any optometrist who has been an active or optometric educator member and is temporarily unable to remain engaged in compensated, optometrically-related activities; who practices less than 20 hours/week, whose status is certified annually by an affiliated zone and has not been approved for life membership in the Association, may qualify for Partial Practice member membership status upon a majority vote of the Board of Directors.

Section 2.   Membership Approval
All nominations for membership in the Association shall include certification to the Secretary-Treasurer of the Association that said applicant subscribes to the Statement of Ethics of the Ohio Optometric Association. The Secretary-Treasurer of the Association shall report all such nominations to the Board of Directors, which may approve said applicant to membership in the Association, provided the applicant fulfills the qualifications for membership. After such approval the Secretary-Treasurer shall forward a copy of the application of active and faculty members to the zone in which the new member resides or practices for zone membership consideration.

Section 3.   Membership Termination
A.  Members may be expelled from the Association for unprofessional or unethical conduct, violation of the Optometry laws of Ohio or violation of the Statement of Ethics of the Ohio Optometric Association. Prior to expulsion, a member is given an opportunity for a formal hearing before the Board of Directors. The member shall receive thirty (30) days notice of the hearing via certified mail. A vote to expel a member requires a 2/3-majority vote of the Board of Directors.
B.  A member in good standing may terminate his/her membership by notifying the Secretary-Treasurer in writing by December 1 of the year preceding that in which his/her termination is to be effective.

Section 4.   Privileges of Members
The privileges granted to each of the member categories are summarized in the following graph:

The term "Hold Office" as used in this article is defined as holding office on the Board of Directors of the Ohio Optometric Association.

ARTICLE III
Dues
Section 1.   Active Members
The Board of Directors in consultation with the OOA Finance Committee may at its discretion increase annual dues at an amount not to exceed the unadjusted consumer price index (CPI) of the year prior to the increase. The increase is benchmarked by 2004 dues of $500 per annum. Such dues are in addition to the dues of the American Optometric Association. Dues are payable in advance of the membership year for which they pertain.

Section 2.   Adjusted Dues
Effective January 1, 2000, the annual dues for a new active member who has never been an active member of the Ohio Optometric Association shall be 20% of an active member's dues for the first full calendar year, 40% of an active member's dues for the second full calendar year, 60% of an active member's dues for the third full calendar year, 80% of an active member's dues for the fourth full calendar year, following graduation with the doctor of optometry degree. These dues shall be payable January 1 of each year in advance. Thereafter he/she shall pay dues in accordance with Article III, Section 1 of these bylaws. Such dues are in addition to the dues in the American Optometric Association. After an active member attains the age of seventy (70) years, the annual dues of such member shall be as follows: for the first full calendar year, thereafter, seventy-five percent (75%) of the otherwise applicable annual dues; for the second full calendar year thereafter, fifty percent (50%) of the otherwise applicable annual dues; and for each subsequent year, twenty-five percent (25%) of the otherwise applicable annual dues.

Section 3.   Student, Honorary, Life, and Retired Members Student, honorary, life, and retired members of the Association shall pay no dues.

Section 4.   Optometric Educator Members The dues for an optometric educator member of the Association shall be the same as the American Optometric Association annual dues, payable through the Ohio Optometric Association, according to Article 1, Section 2, Paragraph D, of the bylaws of the American Optometric Association.

Section 5.   Associate Members
The dues for an associate member of the Association shall be equal to 20% of the dues for an active member per annum payable January 1 of each year in advance.

Section 6.   Partial Practice Members
The dues for partial practice members shall be equal to 50% of the dues for an active member per annum payable January 1 of each year in advance.

Section 7.   Good Standing
No person shall be in good standing, or be qualified to exercise or be entitled to receive any privilege of membership who is in default in the payment of his/her dues for sixty (60) days. During the month of March of each year, the Secretary-Treasurer shall notify by certified mail each member in arrears of the amount due and any member who remains in default for dues after May first of any year shall be terminated as a member. The Board of Directors shall have the power, however, to extend the time for payment of dues, as set forth above, in any case or cases in which said shall deem it for the best interests of the Association.

ARTICLE IV
Annual Congress
There shall be one congress of the Association each term, designated as the annual congress, for the transaction of business and the election of officers and trustees. The place and date of the annual congress shall be determined by the Board of Directors.
Special meetings of the Association may be held at any time pursuant to a resolution of the Board of Directors, or by a call signed by fifty (50) active members. Calls for special meetings shall specify the time, place and object or objects thereof, and no business other than that specified in the call shall be considered at any such meeting.
A written or printed notice of every regular or special meeting of the Association, stating the time and place, and in cases of special meetings the objects thereof, shall be given by the Secretary-Treasurer to each active member of the Association by mailing the same to his/her last known address at least thirty (30) days prior to any such regular meeting and fifteen (15) days prior to any such special meeting. Twenty-five (25) active members shall constitute a quorum for the transaction of business at any annual or special meeting of the Association.
The Board of Directors shall select the official delegates and alternates to the annual meeting of the American Optometric Association, in compliance with the provisions of the Constitution and Bylaws of said Association. The President of the Association shall be the Chairman of the delegation unless the Board of Directors shall otherwise determine.

ARTICLE V
Board of Directors
Section 1.   Election, Term of Office and Vacancies
A.  There shall be a Board of Directors consisting of four (4) officers, those being the President, President-Elect, Secretary-Treasurer, Immediate Past President; and six (6) Trustees. Each member of the Board of Directors shall have one vote. The presiding member of the Board of Directors shall vote only in the case of tie votes.
B.  All officers shall serve a term of one (1) year or until their successors are elected and installed. No officer shall be elected to the same office for successive terms.
C.  Three (3) Trustees shall be elected each year. Each Trustee shall serve a two-year term or until their successors are elected and installed. A Trustee may be reelected but may serve no more than eight (8) years as a trustee.
D.  Board of Directors' terms of office shall begin on January 1 of each year.
E.  All nominations for Board of Directors of the Association shall be made from the floor at the annual meeting of the Association, which assembly shall proceed to elect said Board of Directors, by a secret ballot, upon a majority vote of the members present and voting. No voting by proxy shall be allowed. In any election where there is no contest, secret ballot may be waived by unanimous consent.
F.  All candidates for election to the Board of Directors will be interviewed by the nominating committee. The nominating committee will consist of the three (3) most recent available association Past Presidents and all current Zone Governors or their designee, with the chair appointed by the President. The nominating committee shall prepare a slate of nominees for election to office in this association which it shall present to the members at the annual congress. The report of the nominating committee shall not preclude any delegate from making a nomination for any office from the floor of the annual congress. During the annual congress, time will be set aside for each candidate publicly to discuss his/her stance on vital issues affecting Ohio optometry.
G.  Should a vacancy occur in any elective office except President, the Board of Directors shall appoint a member to fill the vacancy until the next annual election.
H.  A President shall be elected during the annual congress whenever a President-Elect is unable to assume the office of President, or whenever a President-Elect was not elected to that position.

Section 2.   Meeting and Quorum
A.  Four members of the Board of Directors shall constitute a quorum, provided that one of the four members present must be an officer of the Association.
B.  The Board of Directors shall hold regular meetings at such hour and place as the President, or in his/her absence, the President-Elect, may determine. Special meetings of the Board of Directors may be called by the President. Additionally, special meetings must be called by the President upon a written request to do so by any two members of the Board of Directors. A written or printed notice of every special meeting of the members of the Board of Directors, stating the time, place and object or objects thereof shall be given each member of the Board of Directors at least five (5) days before any such meeting, and no business other than that specified in the call shall be considered at any such meeting. In an emergency, a telephone conference may constitute a special meeting, provided that all members of the Board of Directors have been informed by the Secretary-Treasurer and a quorum is obtained, as provided in Article 5, Section 2, Paragraph A of these bylaws.

Section 3.   Powers and Duties
A.  The Board of Directors shall manage the affairs of the Association, subject to the Constitution and Bylaws, and shall be vested with the title to all of the property of the Association as trustees thereof. Said Board of Directors shall have full power and authority, in the interval between meetings of the Association, to do all acts of the Association and perform all functions which the Association itself might do or perform, except that it shall have no power to amend the Constitution or Bylaws.
B.  The Board of Directors shall determine all questions relating to the eligibility to membership in the Association.
C.  The Board of Directors shall cause to be examined and audited, either by a certified public accountant or by a committee appointed by it from the Active Membership, within ninety (90) days following the end of the fiscal year of the Association, all the books, records and reports of the Secretary-Treasurer.

Section 4.   Expenses Traveling and other necessary expenses incurred by the members of the Board of Directors or by any officially appointed committee of the Association or employees, while discharging their official duties shall, upon presentation of proper vouchers therefore, be paid by the Association upon approval by procedures established by the Board of Directors.

ARTICLE VI Duties of Officers and Trustees
Section 1.   President The President, or in his/her absence, the President-Elect, shall preside at all meetings of the Association, and all meetings of the Board of Directors. He/She may make suggestions and recommendations to the Association consistent with the mission thereof, as set forth in Article II of the Constitution. The President may act on behalf of the Association and the Board of Directors when neither is in session. The President shall automatically become Immediate Past President upon the completion of his/her term as President.

Section 2.   President-Elect
The President-Elect shall automatically become President at the ensuing annual congress. The President-Elect shall perform such duties as shall be assigned to him/her by the President or the Board of Directors, and in the event of the failure or inability of the President to perform the duties of his/her office, the President-Elect shall assume the duties of the President.

Section 3.   Secretary-Treasurer
The Secretary-Treasurer shall be the corresponding and recording officer of the Association, and shall keep an accurate record of all transactions, proceedings and acts of the Association and Board of Directors. He/She shall give all notices required by law and all notices and communications provided by the Constitution and/or Bylaws. He/She shall receive all applications for membership in the Association and issues and attests all certificates of membership. He/she shall be the custodian of the funds of the Association and shall cause to be deposited all monies received by him/her in the name of the Association in institutions approved by the Board of Directors. He/She shall monitor the disbursement of all monies. He/She shall render a duly sworn financial report at each annual meeting of the Association and shall submit financial reports regularly to the Board of Directors and generally perform such other duties as may be required of him/her by the Board of Directors. At the expiration of his/her term of office he/she shall, within ten (10) days, deliver all books, papers, records, and property of the Association in his/her possession or under his/her control to his/her successor or to the incoming President.

Section 4.   Immediate Past President and Trustees
The Immediate Past President and trustees shall perform such duties and functions as are assigned to them by the President or Board of Directors.

ARTICLE VII
Committees
Section 1.   Establishment and Duties
Committees that are necessary to handle the affairs of the Association shall be established. The President shall annually appoint such committees with the approval of the Board of Directors, and for each committee appointed the President shall designate the chairman thereof and shall notify the members of the Committees of their appointments.

Section 2.   Vacancies
The President, subject to the approval and confirmation of the Board of Directors, may remove any member of any standing or special committee from office, for malfeasance, misfeasance or nonfeasance, and shall fill vacancies on any committee.

ARTICLE VIII
Association Senior Management
Section 1.
The Board of Directors shall have the power and authority to engage the services of senior management personnel, including the services of a person to act as Chief Executive Officer of the Association.

Section 2.
The Board of Directors solely shall have the power and authority to establish compensation and enter into contracts with senior management personnel. Contracts may not have terms exceeding three (3) years. Successive contracts may be entered into with the same person. Senior management personnel need not be optometrists or members of the Association.

Section 3.
Senior management personnel shall be led by a Chief Executive Officer. The functions and duties of the Chief Executive Officer shall be to perform such duties as are ordinarily performed by persons in similar positions together with such duties as may from time to time be assigned by the Board of Directors. These include but are not limited to carrying out the policies and programs of the Association and managing staff and fiscal issues. Function and duties of senior management personnel shall be commensurate with their title to perform such duties as are ordinarily performed by persons in similar positions together with such duties as may from time to time be assigned by the Board of Directors.

ARTICLE IX
Rules of Order
The Association at all its meetings, and the Board of Directors, the Zone Governors and committees in their deliberations shall be governed by this Constitution and Bylaws. Where the Constitution and Bylaws are silent, deliberations shall be governed by Robert's Rules of Order (Latest Edition).

ARTICLE X
Amendments
The proposed Bylaws may be amended by the affirmative vote of 2/3 of the active members present and voting at the annual congress or at any special meeting of the Association, provided that the proposed amendment has previously been recommended by the governing board of an affiliated zone, or by the Board of Directors of this Association, and that three copies of the proposed amendment had been received by the Secretary-Treasurer of the Association not less than 75 days before the commencement of the annual congress or special meeting which is to consider an act on the proposed amendment. Not less than 60 days prior to said annual congress or special meeting the members of the Association shall receive written notice containing the purpose of the proposed amendment.

ARTICLE XI
Automatic Review
The President shall appoint a committee to review these Bylaws in 2005 and every five years thereafter.

Statement of the Code of Ethics of the Ohio Optometric Association

It is the expected duty of the members of the Ohio Optometric Association to abide by the prescribed Code of Ethics adopted by the OOA House of Delegates November 1-2, 2002:

1.    To practice the art and science of optometry faithfully and conscientiously, and to the fullest scope of the most current standards of care and competency of the honorable profession of optometry.

2.    To uphold and promote by example and action the highest standards, ethics, and ideals of our chosen profession.

3.    To provide professional care for those who seek our services with concern, compassion, and due regard for their human rights, dignity, and privacy, without discrimination or financial consideration.

4.    To place the needs of the patient above all else in order to better care for their visual performance and comfort as well as their ocular and systemic health with any and all means of restoring, maintaining, or enhancing their visual and general welfare.

5.    To maintain unselfish relationships with other members of the optometric profession as well as other disciplines for the benefit of our patients and the advancement of human knowledge and welfare.

6.    To hold all patient information with highest confidentiality and privacy.

7.    To serve our communities, country, and humankind as exemplary citizens in all aspects.

Code of Ethics, American Optometric Association, adopted 1944

Standards of Conduct, American Optometric Association, adopted 1999

Code of Ethics, Ohio Optometric Association, adopted 1945 (estimated)

The Optometric Oath, Association of Schools and Colleges of Optometry, adopted 1986

The Optometrist's Guide to Clinical Ethics: Bailey, OD, R. Norman and Heitmand, Ph.D., Elizabeth, American Optometric Association, 2000